Selected Cases by Article & Issues
Article 6.2.240 Cases
There is hardship where the occurrence of events fundamentally alters the equilibrium of the contract either because the cost of a party"s performance has increased or because the value of the performance a party receives has diminished, and
(a) the events occur or become known to the disadvantaged party after the conclusion of the contract;
(b) the events could not reasonably have been taken into account by the disadvantaged party at the time of the conclusion of the contract;
(c) the events are beyond the control of the disadvantaged party; and
(d) the risk of the events was not assumed by the disadvantaged party.
| Number | Issue | # Cases |
|---|---|---|
| 1 | Notion of hardship | 18 |
| 1.1 | Fundamental alteration of contractual equilibrium | 19 |
| 1.1.1 | Increase in cost of performance | 5 |
| 1.1.2 | Decrease in value of counter-performance | 7 |
| 1.2 | Events occuring after conclusion of contract | 1 |
| 1.3 | Events unforeseeable by disadvantaged party | 5 |
| 1.4 | Events beyond control of disadvantaged party | 3 |
| 1.5 | Risks not assumed by disadvantaged party | 5 |
| 2 | Fundamental alteration when performance has been partially rendered | |
| 3 | Hardship v. Force majeure (Art. 7.1.7) | 1 |
| 4 | Hardship clauses |